judgment, be injured or benefited thereby; after hearing such testimony as may be offered by any party interested, and which shall be reduced to writing by one of said jurors, they shall proceed to make their assessment and to determine and appraise to the owner or owners, the value of the real estate so proposed to be taken, and the injury arising to them respectively in consequence of the taking thereof, which shall be awarded to such owners respectively as damages, after making due allowance therefor lor any benefit which said owners may respectively derive from such improve

ment.

In the estimate of damages to the land, the jurors shall include the value of the building or buildings (if the property of the owner of such land) as estimated by them as aforesaid, less the proceeds of the sale thereof; or if taken by the owner at the value to remove, in such case they shall only include the difference between such value and the whole estimated value of such building or buildings.

be balanced.

SECTION 12. If the damage to any person be How damages greater than the benefits received, or if the benefits be and benefits to greater than the damages, in either case the jurors shall strike a balance and carry the différence forward to another column, so that the assessment will show what amount is to be received or paid by such owner or owners respectively, and the difference only shall in any case be collected of them, or payable to them.

In case of lands ferent parties.

owned by dif

and costs.

SECTION 13. If the lands or buildings thereon belong to different persons, or if the land be subject to lease, judgment or mortgage, or if there be any estate in it less than an estate in fee, the injury done to the person or interests respectively may be awarded to them by the jurors, less the benefits resulting to them respectively from the proposed improvement. SECTION 14. Having ascertained the damages and Jurors shall asexpenses of the proposed improvement as aforesaid, the sess damages jurors shall thereupon apportion and assess the same, together with the costs of the proceedings upon the real estate by them deemed benefited, in proportion to the benefits resulting thereto from the proposed improvement, as nearly as may be, and shall describe the real estate upon which the assessment may be made. The award of the said jurors shall be signed by them and returned, together with the testimony taken, to the common council within the time limited in their order

Land not to be appropriated till damages are paid.

When whole of

is taken, how

proceed.

referring the matter to them: provided, that if said ju rors shall fail to agree upon their award of the damages and expenses of the proposed improvement as afore said, the judge of the circuit or county court of La Crosse county shall substitute and appoint anotherjury in the place thereof, and a memorandum of such substitu tion and appointment shall be endorsed on the original precept, which said jurors so substituted and appointed shall be sworn as hereinbefore provided, and shall, within the time limited, or such further time as the common council may deem proper, proceed to complete such assessment and reward [award].

SECTION 15. The land required to be taken for the purposes mentioned in this act, shall not be appropriated until the damages awarded therefor to the owner thereof shall be paid, or tendered to the owner or his agent; or in case the said owner or agent cannot be found or is unknown, deposited to his or their credit in some safe place of deposit. And then and not before, such lands may be taken and appropriated for the purpose required; and the same shall thereafter be subject to all laws and ordinances of the city, in the same man. ner as streets, alleys and public grounds heretofore opened or laid out.

SECTION 16. When the whole of any lot or tract of lot under lease land or other premises, under lease or other contract, shall be taken by virtue of this act, all the convenants, contracts or agreements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall upon the confirmation of such report, respectively cease, and be absolutely discharged.

When part of

how proceed.

SECTION 17. When only part of a lot or tract of lot under lease, land or other premises so under lease or other contract, shall be taken for any of the purposes aforesaid, all the covenants, contracts or agreements respecting the same, upon the confirmation of such report, shall be absolute. ly discharged as to the part so taken, but shall remain valid as to the residue thereof; and the rents, considerations and payments reserved, payable and to be paid for or in respect to the same, shall be so pro portioned so that the part thereof justly and equitably payable for such residue thereof and no more, shall be paid or recoverable for, in respect to the same.

Damages to be paid within

SECTION 18. The damages assessed shall be paid twelve months. or tendered or deposited as herein described, within

twelve months from the confirmation of such assessment and report, and if not so paid, tendered or deposited, all the proceedings in any such case shall be void. The benefits so assessed, from the confirmation of said report, shall become and remain a lien upon. the premises so determined by the jurors to be benefited by the opening or widening of such street, alley public ground.

When owner is

SECTION 19. When any known owner of lands or tenements affected by any proceedings under this act, infant, how shall be an infant or labor under legal disability, the proceed. judge of the circuit court of La Crosse county, or in his absence, the judge of any court of record in said County, may upon the application of the common council or such party or his next friend, appoint a guardian for such party, and all notices required by this act shall be served upon such guardian.

place of those

SECTION 20. After the jurors shall have made their May appoint report, as to the necessity of taking any lands under new jurors in this act, and the same shall have been confirmed, the not acting. judge of the circuit or county court of La Crosse county shall have power to appoint new jurors in the place of any who shall neglect or refuse to serve; and the jurors, before entering upon the discharge of their duties shall severally take an oath before some competent officer, that they are freeholders of said city, and not interested in the premises proposed to be taken, and that they will faithfully and impartially discharge the trust reposed in them.

SECTION 21. Any person whose property is taken owner may or against whom an assessment is made, may within appeal. ten days from the return of the jurors to the common council, appeal from said assessment of damages or benefits, to the circuit court of La Crosse county, where such appeal shall be tried by the court and jury as in ordinary cases. The common council shall have the

same right of appeal.

SECTION 22. Whenever any public ground, street Shall cause suror alley shall be laid out, widened or enlarged under vey of ground the provisions of this chapter, the common council shall

cause an accurate survey and profile thereof to be made

and filed in the office of the city surveyor.

to be made.

SECTION 23. In the assessment of damages and ben- Lands donated efits for the opening or widening of streets or alleys, it to be appraised. shall be the duty of the jurors in making such assess

Improvement of streets.

Aldermen to be street commissioners.

May appeal.

ment, when part of the land to be included in such opening or widening has before the making of such assessments, been donated by any person. or persons for such street or alley, to appraise the value of the land so donated, and to apply the value therof, so far as the amount so appraised shall go, as an offset to the benefits assessed against the person or persons making such donations, or the person or persons claiming under them; but nothing herein contained shall authorize any person or persons in whose favor the value of such donation shall be appraised to claim from the city the amount of such appraisal or any part thereof, except as an offset as hereinbefore provided.

CHAPTER VI.

IMPROVEMENT OF STREETS.

SECTION 1. The common council of the city of La Crosse shall hereafter have full power and authority at any regular meeting thereof for that purpose, to cause to be surveyed and to fix and establish permanently, the grade of all the streets and alleys within the limits of said city.

SECTION 2. The aldermen of the several wards shall be street commissioners in and for their respective wards, two of whom shall be a quorum; one of their number or some person appointed by them, shall be clerk of the board of commissioners, who shall keep a record of all their acts and doings, and shall record in such record all estimates required by this chapter, and shall keep and preserve all contracts receipts and papers of the board. The several boards of street commissioners shall make report in detail to the common council of their acts and doings whenever required; and at the expiration of each year and before their term of office shall expire, shall submit all their acts and doings, books, records, papers, accounts, receipts and vouchers to the common council for final settlement and adjust

ment.

SECTION 3. Any person deeming himself aggrieved by any act of the board of street commissioners, may at any time appeal to the common council, who shall enquire into, examine and correct the orders complained of, as shall seem just and proper, and the public [fur

ther action of the board in this respect shall be regulated accordingly.

sidewalks.

SECTION 4. The said street commissioners shall have May order and power to order and contract for the construction of side- contract for walks, making, grading, repairing and cleansing of streets, alleys, public grounds, reservoirs, gutters and sewers, within their respective wards, and to direct and control the persons employed thereon: provided however, that said street commissioners shall not be authorized to order or contract for the making, grading, planking or paving of any street or alley where the costs and expense of such work and improvement are or may be chargeable to and payable by the lots fronting on such street or alley, unless requested to do so by petition signed by the owners or their authorized agents, of a majority of the number of feet of lots or land fronting on that portion of such street or alley proposed to be improved: provided further, that the provisions of this section shall not be construed to restrict or in any way abridge the powers of the common council with reference to the opening, grading, graveling, planking or paving of streets and alleys.

SECTION 5. When any sidewalk in said city needs Repair of siderepairing, the street commissioners of the ward in walks. which said sidewalk is situated shall give notice in writing to the owner or occupant of the lot or premises opposite which said sidewalk is situated, to repair the same in the manner and within the time designated by the street commissioners in said notice. Said notice shall not be for a shorter time than three days, and may be served personally upon the owner or occupant, or by posting the same upon said lot; and in case the owner or occupant of said lot shall neglect to repair said sidewalk within the time and in the manner designated in said notice, then said street commissioner shall and may repair said sidewalk forthwith, and report the same and the expense of such repairs to the common council, who shall direct the clerk of said city to charge the expense of the same to said lot or premises, and insert the amount thereof against said lot or premises in the next ensuing tax list, to be collected as other taxes on real estate are collected by virtue of this act.

SECTION 6. Whenever the street commissioners Walk constructshall determine to construct any sidewalk within their ed at expense ward, they shall direct the owner or occupant of any

10-P. & L.

of owner.